Ministry of Trade and Industry, Finland Nuclear Energy Act

Transcription

1 Ministry of Trade and Industry, Finland Nuclear Energy Act 990/1987; amendments up to 342/2008 included CHAPTER 1 Objectives and Scope of Application Section 1 - Objectives To keep the use of nuclear energy in line with the overall good of society, and in particular to ensure that the use of nuclear energy is safe for man and the environment and does not promote the proliferation of nuclear weapons, this Act lays down general principles for the use of nuclear energy, the implementation of nuclear waste management, the licensing and control of the use of nuclear energy, and the competent authorities. This Act applies to: Section 2 - Scope of application (1) the construction and operation of nuclear facilities; (2) mining and enrichment operations aimed at producing uranium or thorium; (3) the possession, manufacture, production, transfer, handling, use, storage, transport and import of nuclear material; (4) the possession, manufacture, production, transfer, handling, use, storage, transport, export and import of nuclear waste; (5) in cases to be provided for by Government decree, the possession, manufacture, assembly, transfer and import of the following material, devices, equipment, or information, should they prove pertinent to the proliferation of nuclear weapons or should the obligations under Finland s international treaties in the field of nuclear energy have a bearing on them: (a) non-nuclear material, in cases where its properties are particularly suited for obtaining nuclear energy; 1

2 (b) (c) (d) (e) devices and equipment intended or otherwise particularly suited for use in nuclear facilities; devices and equipment intended or otherwise particularly suited for use in the manufacture of nuclear material or material referred to in subparagraph a; such equipment that is essential to the manufacture of devices or equipment referred to in subparagraphs a and b; and nuclear information that is in written or other physical form and not generally available; and (6) export and import of ores containing uranium or thorium, to be specified under Government decree. The application of this Act shall be provided for by Government decree, with respect to: (1) the conclusion and execution of a private law agreement, for implementation outside Finland in regard of any of the activities referred to in this paragraph, with a foreign State, a foreign person or corporation, should the agreement prove pertinent to the proliferation of nuclear weapons or should the obligations under international treaties in the field of nuclear energy, to which Finland is a Party, have a bearing on the agreement; and (2) nuclear fuel cycle-related research and development activities determined in Article 18(a) of the Protocol Additional (53/2004) to the agreement made on the implementation of Article III (1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons between Austria, Belgium, Denmark, Finland, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, the European Atomic Energy Community and the International Atomic Energy Agency. It may be laid down by Government decree that some parts of the provisions of this Act shall not apply to activities referred to in paragraphs 1 4 and 6 of subsection 1, or in paragraph 1 of subsection 2, should those activities bear little significance to the objectives of this Act. Provisions on the export of nuclear material and material, devices, equipment and information as referred to in paragraph 5 of subsection 1 are laid down in Council Regulation (EC) No 1334/2000, setting up a Community regime for the control of exports of dual-use items and technology, and in the Act on the Control of Exports of Dual-Use Goods (562/1996). If nuclear or other material as referred to above is simultaneously nuclear waste as referred to in section 3 herein, the provisions of this Act shall apply to the export thereof. For the purposes of this Act: Section 3 Definitions (1) use of nuclear energy means the operations specified in section 2 (1 and 2); 2

3 (2) nuclear material means special fissionable materials and source materials, such as uranium, thorium and plutonium, suited for obtaining nuclear energy; (3) nuclear waste means: (a) (b) radioactive waste in the form of spent nuclear fuel or in some other form, generated in connection with or as a result of the use of nuclear energy; and materials, objects and structures which, having become radioactive in connection with or as a result of the use of nuclear energy and having been removed from use, require special measures because of the danger arising from their radioactivity; (1420/1994) (4) nuclear waste management means all measures necessary to recover, store and handle nuclear waste and permanently dispose of it (final disposal), including measures pertaining to the decommissioning of a nuclear facility; (5) a nuclear power plant means a nuclear facility for the purpose of electricity or heat production, equipped with a nuclear reactor, or a complex consisting of nuclear power plant units and other related nuclear facilities located on the same plant site; (5) b decommissioning means the dismantling of a finally closed nuclear facility so that no special measures are required on the plant site due to radioactive materials originating in the dismantled nuclear facility; (6) security means the measures needed to protect the use of nuclear energy against illegal activities in the nuclear facility, its precincts, other places or vehicles where nuclear energy is used; (1420/1994) (7) emergency response arrangements mean advance preparation for accidents or events impairing safety at the nuclear facility or in its site area or other places or vehicles where nuclear energy is used; (8) Euratom Treaty means the Treaty establishing the European Atomic Energy Community (EURATOM), concluded at Rome, on 25 March 1957, in the form in which it binds Finland by virtue of the Treaty of Accession of Finland; (9) exports means exports to another State from Finland or through Finnish territory; and (10) import means import from another State to Finland. More specific provisions will be laid down by Government decree on what is nuclear material as referred to in paragraph 2 of subsection 1, and nuclear waste as referred to in paragraph 3 of subsection 1, and also on when the operations of a nuclear facility are deemed extensive as referred to in paragraph 5 of subsection 1. 3

4 CHAPTER 2 General Principles Section 4 - Nuclear explosives Import of nuclear explosives as well as their manufacture, possession and detonation in Finland are prohibited. Section 5 - Overall good of society The use of nuclear energy, taking into account its various effects, shall be in line with the overall good of society. Section 6 Safety The use of nuclear energy must be safe; it shall not cause injury to people, or damage to the environment or property. Section 6 a Management of nuclear waste generated in Finland Nuclear waste generated in connection with or as a result of use of nuclear energy in Finland shall be handled, stored and permanently disposed of in Finland. The above provisions shall not, in cases to be laid down by Government decree, apply to: (1) small amounts of nuclear waste which will be, or have been, delivered abroad for research purposes; (1) a nuclear waste containing minor quantities of radioactive material and which is delivered to another country for treatment in the appropriate manner; or (2) nuclear waste that has been generated in connection with or as a result of the operation of a research reactor in Finland. Section 6 b - Provisions concerning nuclear waste not generated in Finland Nuclear waste generated in connection with or as a result of the use of nuclear energy elsewhere than in Finland, shall not be handled, stored or permanently disposed of in Finland. The above provisions shall not, in cases to be laid down by Government decree, apply to: (1) small amounts of nuclear waste which will be or, have been, delivered to Finland for research purposes; or (2) nuclear waste of unknown origin referred to in section 80(1). 4

5 Section 7 - Physical protection and emergency planning and other comparable arrangement Sufficient physical protection and emergency planning as well as other arrangements for limiting nuclear damage and for protecting nuclear energy against illegal activities shall be a prerequisite for the use of nuclear energy. CHAPTER 2 A Requirements Concerning Safety Section 7 a Guiding principles The safety of nuclear energy use shall be maintained at as high a level as practically possible. For the further development of safety, measures shall be implemented that can be considered justified considering operating experience and safety research and advances in science and technology. Section 7 b Safety principle of defence-in-depth The safety of a nuclear facility shall be ensured by means of successive levels of protection independent of each other (safety principle of defence-in-depth). This principle shall extend to the operational and structural safety of the plant. Section 7 c - Maximum values for radiation exposure Releases of radioactive materials caused by the use of nuclear energy shall be limited in compliance with the principle laid down in paragraph 2, section 2 of the Radiation Act (592/1991). The maximum values of radiation exposure caused by a nuclear facility or any other use of nuclear energy on any member of the public will be provided for by Government decree. Limits on releases of radioactive materials from a nuclear facility, in order that they do not exceed the maximum values for radiation exposure provided by Government decree, shall be confirmed by the Radiation and Nuclear Safety Authority (STUK). Supervision of releases of radioactive materials shall be arranged so that compliance with limits as referred to in this section can be reliably established. Section 7 d - Preparation for operational occurrences and accidents The design of a nuclear facility shall provide for the possibility of operational occurrences and accidents. The probability of an accident must be lower, the more severe the consequences of such an accident would prove for people, the environment or property. The primary objective shall be the prevention of accidents. Any practical measures required shall be taken to manage accidents and mitigate the consequences thereof. Maximum values for radiation exposure, to be used as a basis for safety design in case of operational occurrences and accidents, will be provided by Government decree. 5

6 Section 7 e - Verification and assessment of safety Compliance with requirements concerning the safety of a nuclear facility shall be proven reliably. The overall safety of the facility shall be assessed at regular intervals. Section 7 f - Construction and operation Safety shall take priority during the construction and operation of a nuclear facility. The holder of a construction licence, as referred to in Chapter 5 herein, shall be responsible for the nuclear facility s construction in accordance with safety requirements. The holder of an operating licence, as referred to in Chapter 5 herein, shall be responsible for the nuclear facility s operation in accordance with safety requirements. Moreover, the condition and operating experiences of any nuclear facility shall be systematically monitored and assessed. Section 7 g - Decommissioning The design of a nuclear facility shall provide for the facility s decommissioning, the related decommissioning plan being kept up to date as provided in section 28 herein. When the operation of a nuclear facility has been terminated, the facility shall be decommissioned in accordance with a plan approved by the Radiation and Nuclear Safety Authority (STUK). Dismantling the facility and other measures taken for the decommissioning of the facility may not be postponed without due cause. Section 7 h - Nuclear material and nuclear waste The nuclear facility shall have the facilities, equipment and other arrangements required to ensure the safe handling and storage of nuclear material required by the plant and any nuclear waste generated during operation. Nuclear waste shall be managed so that after disposal of the waste no radiation exposure is caused, which would exceed the level considered acceptable at the time the final disposal is implemented. The disposal of nuclear waste in a manner intended as permanent shall be planned giving priority to safety and so that ensuring long-term safety does not require the surveillance of the final disposal site. Nuclear waste management plans shall be kept up to date as provided in section 28. Section 7 i 6

7 Section 7 i - Personnel The holder of the licence granting the right to use nuclear energy (licensee) shall have a sufficient number of qualified personnel suitable for the related tasks. Only a person approved by the Radiation and Nuclear Safety Authority (STUK) for the position in question may act as a nuclear facility operator in the control room of the facility. The licensee shall appoint persons responsible for ensuring emergency response arrangements, security and the control of nuclear material. Only persons approved by the Radiation and Nuclear Safety Authority (STUK) specifically for each position can be appointed. The licensee shall ensure that the persons referred to above occupy the positions required for the task, while possessing adequate authority and the genuine prerequisites for bearing the responsibility vested in them. Section 7 j - Management system The management system of a nuclear facility shall pay particular attention to the impact of safety related opinions and the attitudes of the management and personnel towards the maintenance and development of safety, alongside systematic operating methods and their regular assessment and development. Section 7 k - Responsible Manager The licensee shall appoint a responsible manager and his or her deputy: (1) for the construction of a nuclear facility; (2) for the operation of a nuclear facility; (3) for mining and enrichment operations aimed at producing uranium or thorium; and (4) for the possession, manufacture, production, handling, use, storage and transport of nuclear materials and nuclear waste, if a separate licence is required for these operations. A person who has consented to occupy the position and who has been approved for the role by the Radiation and Nuclear Safety Authority (STUK) can be appointed as responsible manager. The appointment of the responsible manager shall be proposed when applying for a licence as referred to in Chapter 5. It is the responsible manager s task to ensure that the provisions, licence conditions and regulations issued by the Radiation and Nuclear Safety Authority (STUK) concerning the safe use of nuclear energy, the arrangements for security and emergencies, and the control of nuclear materials are complied with. The licensee shall ensure that the responsible manager occupies the position required 7

8 by the task and possesses adequate authority and the actual prerequisites required for bearing the responsibility vested in him or her. The Radiation and Nuclear Safety Authority (STUK) may revoke the approval of a responsible manager, if the manager neglects his or her tasks referred to in subsection 3, and the licensee does not submit a proposal for replacing the responsible manager. Prior to making the final decision on said revocation, the Radiation and Nuclear Safety Authority (STUK) shall consult both the responsible manager and the licensee. Provisions concerning the responsible manager shall also apply to his or her deputy. Section 7 l - Arrangements for security Arrangements for security during the use of nuclear energy shall be based on threat scenarios involved, and analyses of the need for protection. A nuclear facility shall have security personnel trained for the planning and implementation of arrangements for security (security organisation). Security personnel shall also be employed for securing the transport and storage of nuclear material and nuclear waste. The tasks and qualification requirements of the security organisation and security personnel shall be defined and they shall have monitoring equipment, communication equipment, protective equipment and forcible means equipment available as required for their tasks. This forcible means equipment shall be proportioned to the threat scenarios and protection needs involved, so that they are suitable for the purpose. Measures belonging to the regular security control of a nuclear facility shall be appropriately communicated to the employees of the nuclear facility and other people transacting business within the nuclear facility site. Section 7 m - Security control A member of the security organisation may perform a security check on a person working at the nuclear facility or conducting other business on the facility site. Such a security check, using a metal detector or other corresponding technical device, shall ensure that the person is not carrying any object or material that might endanger safety or the maintenance of good order or that can be utilised for causing damage to property. The goods or a person can, if necessary, be checked in another, suitable manner. The objects or materials confiscated from the person in connection with the check shall be submitted to the police without delay, or, if no impediment is provided for by law, returned to the person when he or she leaves the area. In order to ensure the security of a nuclear facility, any person working at the nuclear facility or conducting business therein is obliged, upon the request of a member of the security organisation, to undergo a test in order to detect alcohol or any other intoxicating substance. This test shall be conducted as provided in section 3, chapter 6 of the Coercive Measures Act (450/1987). Provisions on 8

9 the obligation of employees to present a drug test certificate are laid down in the Act on the Protection of Privacy in Working Life (759/2004). A person refusing a check as referred to in subsection 1, a test performed to detect alcohol or some other intoxicating substance as referred to in subsection 2, or who is under the influence of intoxicants, can be removed from the nuclear facility site. Section 7 n - Preparation for prevention of unlawful action More detailed provisions on the preparation of the security organisation for the prevention of unlawful action are laid down in the security standing order of a nuclear facility, as approved by the Radiation and Nuclear Safety Authority (STUK) subsequent to consultation with the Ministry of the Interior and the Advisory Committee as referred to in section 56(3). The security standing order shall contain at least the following provisions: (1) on how the security organisation is managed and its operations organised; (2) on the equipment and forcible means equipment in the organisation s possession; and (3) on when the police should be called and how responsibility should be transferred from the security organisation to the police once they have arrived on the scene. The basic qualification requirements for security personnel are provided by Government decree. Security standing order contains provisions for special training, paying particular attention to the skill level required for using the equipment and forcible means equipment, and demonstrating it. Section 7 o - Use of forcible means When performing security tasks as referred to in sections 7 l and 7 m, security personnel have the right to use any necessary force considered justifiable in the aversion of any immediate threat of a crime or some other dangerous act or event, to prevent a person accessing the facility in question, to remove a person from the scene, to prevent the escape of a person, to apprehend a person, to check an apprehended person, to remove an object or material, and to remove an obstacle. At the nuclear facility, use of forcible means under this Act shall be limited to an area to which access is restricted and controlled and, when securing transport and storage operations related to nuclear material and nuclear waste, to immediate threats to these operations. An apprehended person and any objects or materials removed shall be handed over to the police without delay. When evaluating the justifiability of forcible means, the importance and urgency of the task, the danger posed by the resistance in question, the available resources and any other factors affecting the overall assessment of the situation, shall be taken into consideration. Security personnel shall be familiarised with the principles underlying the justification for using forcible means, and compliance with them in practical situations. The provisions on the right of persons temporarily assisting police officers to exercise forcible means are laid down in section 27 of the Police Act (493/1995). 9

10 The provisions on the immoderate use of forcible means are laid down in the Penal Code (39/1889), Chapter 4, section 6(6) and in Section 7. Section 7 p - Emergency response arrangements The planning of emergency response arrangements for the use of nuclear energy shall be based on analyses of operational occurrence and accident conditions, and the consequences assessed on the basis of these analyses. In planning emergency response arrangements for a nuclear facility, preparations shall be made for the release of a significant quantity of radioactive materials from the facility. The nuclear facility shall have persons trained in the planning of emergency response arrangements and emergencies (emergency response organisation), whose duties shall be specified and who shall have access to the facilities, equipment and communication systems required for their duties. Emergency response arrangements shall be consistent with the rescue and preparedness plans drawn up by the authorities, considering the provisions laid down in section 9(2) of the Rescue Act (468/2003). Section 7 q - General safety provisions General safety provisions specifying the provisions in this chapter shall be laid down by Government decree, concerning the following aspects: (1) nuclear power plant safety; (2) arrangements for security during the use of nuclear energy; (3) emergency response arrangements of a nuclear power plant; and (4) safety of nuclear waste final disposal. Safety provisions concerning the safety and emergency response arrangements of a nuclear power plant can, as necessary, be enacted by Government decree, in order that they apply to other nuclear facilities equipped with a nuclear reactor. As concerns arrangements for security, provisions shall be issued in particular on the issue of when command responsibility is transferred from the licensee to the police authority concerned, when preventing unlawful activities concerning the use of nuclear energy. Furthermore, as concerns emergency response arrangements, provisions shall be issued in particular when command responsibility for rescue measures taken at the nuclear facility site is transferred to the rescue authority concerned, during any accident that occurs. The Radiation and Nuclear Safety Authority (STUK) will draft a proposal for the general safety provisions as referred to in subsection 1. A Government decree shall specify the parties to be consulted by the Radiation and Nuclear Safety Authority (STUK) prior to drafting the proposal. 10

11 Section 7 r - Detailed safety requirements The Radiation and Nuclear Safety Authority (STUK) shall specify detailed safety requirements concerning the implementation of safety level in accordance with this Act. Further, the Radiation and Nuclear Safety Authority (STUK) shall specify the safety requirements it sets in accordance with the safety sectors involved in the use of nuclear energy, and publish them as part of the regulations issued by the Radiation and Nuclear Safety Authority (STUK). The safety requirements of the Radiation and Nuclear Safety Authority (STUK) are binding on the licensee, while preserving the licensee s right to propose an alternative procedure or solution to that provided for in the regulations. If the licensee can convincingly demonstrate that the proposed procedure or solution will implement safety standards in accordance with this Act, the Radiation and Nuclear Safety Authority (STUK) may approve procedure or solution by which the safety level set forth is achieved. CHAPTER 3 Obligations Arising From Activities Requiring Licensing Section 8 - Obligation to apply for a licence The use of nuclear energy without the licence provided by this Act is prohibited. A licence is not, however, needed for research and development activities referred to in paragraph 6 of section 2(1). Instead of applying for a licence, the operator shall annually submit a notification, to be defined in more detail by decree, to the Radiation and Nuclear Safety Authority (STUK). (738/2000) However, no licence is required for the research and development activities referred to in paragraph 2 of section 2(2). Instead of applying for a licence, the operator shall annually submit a notification, to be defined in more detail by Government decree, to the Radiation and Nuclear Safety Authority (STUK). On request, the Ministry of Trade and Industry must give a binding advance ruling as to whether the intended activity requires that a licence be applied for. Section 9 - Licensee s obligations It shall be the licensee s obligation to assure safe use of nuclear energy. It shall be the licensee s obligation to assure such physical protection and emergency planning and other arrangements, necessary to ensure limitation of nuclear damage, which do not rest with the authorities. A licensee whose operations generate or have generated nuclear waste (licensee under a waste management obligation) shall be responsible for all nuclear waste management measures and their appropriate preparation, as well as for their costs (waste management obligation). 11

12 Section 10 - Continuation of obligations Cancellation of a licence or expiration of its validity shall not exempt the licensee, or one who has had a licence, from compliance with the provisions of section 9 and chapters 6 and 7, or the provisions laid down by virtue of them, or the licence conditions. CHAPTER 4 Government decision-in-principle Section 11 - Decision-in-principle Construction of a nuclear facility of considerable general significance shall require a Government decision-in-principle on that the construction project is in line with the overall good of society. Of the nuclear facilities referred to in section 3, paragraph 5, those deemed to be of considerable general significance are as follows: (1) facilities operated for the generation of nuclear energy having a thermal power higher than 50 megawatts; (2) facilities serving as repositories for nuclear waste; and (3) facilities operated for purposes other than the generation of nuclear energy and the possession at any given time, of an amount of nuclear material or waste or involving a radiation risk, as defined by Government decree, that shall be deemed comparable with nuclear facilities as defined in paragraph 1. Section 12 - Application for a decision-in-principle and the required documentation A decision-in-principle is applied for by submitting an application to the Government, on which the Ministry of Trade and Industry must obtain a preliminary safety assessment from the Radiation and Nuclear Safety Authority (STUK) and a statement from the Ministry of the Environment as well as from the municipal council of the municipality intended to be the site of the facility and from its neighbouring municipalities. Section 13 - Public hearing Before the decision-in-principle is made, the applicant shall compile according to instructions by the Ministry of Trade and Industry an overall description of the facility, the environmental effects it is expected to have and its safety, and make it generally available to the public after a check by the Ministry. The Ministry of Trade and Industry shall provide residents and municipalities in the immediate vicinity of the nuclear facility as well as local authorities an opportunity to present their opinions in writing before the decision-in-principle is made. Furthermore, in a way the Ministry may specify in 12

13 more detail, the Ministry shall arrange a public hearing in the municipality where the planned site of the facility is located and during this hearing the public shall have the opportunity to give their opinions either orally or in writing. Opinions that have been presented shall be made known to the Government. Section 14 - Consideration of the decision-in-principle by the Government Before making the decision-in-principle referred to in section 11, the Government shall ascertain that the municipality where the nuclear facility is planned to be located in its statement referred to in section 12, is in favour of the facility and that no facts indicating a lack of sufficient prerequisites for constructing a nuclear facility, as required in section 6, have arisen. Should the Government find that the prerequisites laid down in subsection 1 have been met, it shall, in reaching its decision-in-principle, consider the issue from the perspective of the overall good of society, and take into account the benefits and drawbacks arising from the nuclear facility, paying particular attention to: (1) the need for the nuclear facility project with respect to the country s energy supply; (2) the suitability of the intended site of the nuclear facility and its effects on the environment; and (3) arrangements for the nuclear fuel and waste management. Section 15 - Notification to Parliament and Parliament s decision The Government decision-in-principle, made under section 11, in which the construction of the nuclear facility is judged to be in line with the overall good of society, shall be forwarded, without delay, to Parliament for perusal. Parliament may reverse the decision-in-principle as such or may decide that it remains in force as such. Prior to Parliament arriving at its decision thereon, the applicant may not engage in any measures to be laid down by Government decree which, due to their economic significance, might impede Parliament s, and the Government s, possibilities to determine the issue at their own discretion. CHAPTER 5 Licensing Section 16 - Licensing authorities The Government grants the licences to construct and operate a nuclear facility, as well as for mining and enrichment operations aimed at producing uranium or thorium. A licence for operations as referred to in paragraph 1, section 2(2), and section 22(2), will be granted by the Ministry of Employment and the Economy on the basis of an application. Further, a licence for 13

14 operations as referred to in paragraphs 3 6, section 2(1), will be granted by the Radiation and Nuclear Safety Authority (STUK) on the basis of an application. More specific provisions on applying for licences as referred to in this Chapter, licensing procedures and any notifications and other measures necessary after the licence decision, are laid down in a Government decree. Section 17 - Licensee A licence to use nuclear energy may be granted only to natural persons, corporations or authorities under the jurisdiction of a Member State of the European Union. (1420/1994) For certain, special reasons cited as follows, corporations or authorities other than those referred to in subsection 1 may be granted a licence: (1) to transport nuclear material or nuclear waste within Finnish territory; (2) to carry out imports and exports in connection with the transit via Finland of nuclear waste, or ores containing uranium or thorium; and (3) for temporary operation of a nuclear facility referred to in section 22(1) within Finnish territory. A licence for the possession, use, transport or import of nuclear material or nuclear waste, and for the export of nuclear waste may, in connection with control activities, also be granted to an international organisation or a foreign authority responsible for the control required under an international treaty, binding on Finland, of the nuclear energy sector. Section 18 - Construction of a nuclear facility having considerable general significance A licence to construct a nuclear facility referred to in section 11 may be granted: (1) if a decision-in-principle referred to in section 11 has deemed the construction of a nuclear facility to be in line with the overall good of society, and Parliament has decided that the decision-in-principle remains in force; and (2) if the construction of a nuclear facility also meets the prerequisites for granting a construction licence for a nuclear facility as provided in section 19. Section 19 - Construction of other nuclear facilities A licence for the construction of a nuclear facility other than that referred to in section 18 can be granted: (1) if plans concerning the nuclear facility meet the safety requirements laid down in this Act, and appropriate account has been taken of the safety of workers and the population when planning the operations in question; 14

15 (2) if the location of the nuclear facility is appropriate with respect to the safety of the planned operations and environmental protection has been taken into account appropriately when planning operations; (3) if physical protection has been taken into account appropriately when planning operations; (4) if a site has been reserved for the construction of a nuclear facility in a local detailed plan in accordance with the Land Use and Building Act (132/1999), and the applicant is in possession of the site required for the operation of the facility; (5) if the methods available to the applicant for arranging nuclear waste management, including the final disposal of nuclear waste and the decommissioning of the facility, are sufficient and appropriate; (6) if the applicant s plans for arranging nuclear fuel management are sufficient and appropriate; (7) if the applicant s arrangements for the implementation of control by the Radiation and Nuclear Safety Authority (STUK) as referred to in paragraph 3 of section 63(1), in Finland and abroad, and for the implementation of control, as referred to in paragraph 4 of section 63(1), are sufficient; (8) if the applicant has the necessary expertise available; (9) if the applicant has sufficient financial prerequisites to implement the project and carry on operations; further (10) if the applicant is otherwise considered to have the prerequisites to engage in operations safely and in accordance with Finland s international contractual obligations; and the planned nuclear facility otherwise fulfils the principles laid down in sections 5 7. Section 20 - Operation of a nuclear facility A licence to operate a nuclear facility may be granted as soon as a licence has been granted for the construction of facility and if: (1) the nuclear facility and its operation meet the safety requirements laid down in this Act, and appropriate account has been taken of the safety of workers and the population, and environmental protection; (2) the methods available to the applicant for arranging nuclear waste management, including final disposal of nuclear waste and decommissioning of the facility, are sufficient and appropriate; (3) the applicant has sufficient expertise available and, in particular, the competence of the operating staff and the operating organisation of the nuclear facility are appropriate; (4) the applicant is otherwise considered to have the financial and other prerequisites to engage in operations safely and in accordance with Finland s international contractual obligations; and the 15

16 planned nuclear facility and the operation thereof otherwise fulfils the principles laid down in sections 5 7. Operation of the nuclear facility shall not be started on the basis of a licence granted: (1) until the Radiation and Nuclear Safety Authority (STUK) has ascertained that the nuclear facility meets the safety requirements set, that the physical protection and emergency planning are sufficient, that the necessary control to prevent the proliferation of nuclear weapons has been arranged appropriately, and that the licensee of the nuclear facility has, as provided, arranged indemnification regarding liability in case of nuclear damage; and (2) until the Ministry of Trade and Industry has ascertained that provision for the cost of nuclear waste management has been arranged in accordance with the provisions of chapter 7. Section 21 - Other use of nuclear energy A licence for the operations referred to in paragraphs 2 6 of section 2(1) and paragraph 1 of section 2(2) may be granted, when required by operations, if: (1) the use of nuclear energy meets the safety requirements laid down in this Act, and appropriate account has been taken of the safety of workers and the population, and environmental protection; (2) the applicant has possession of the site needed for the use of nuclear energy; (3) nuclear waste management has been arranged appropriately and provision for the cost of nuclear waste management has been made in accordance with the provisions of chapter 7; (4) the applicant s arrangements for the implementation of control by the Radiation and Nuclear Safety Authority (STUK) as referred to in paragraph 3 of section 63(1), in Finland and abroad, and for the implementation of control as referred to in paragraph 4 of section 63(1) are sufficient; (5) the applicant has sufficient expertise available and the operating organisation and competence of the operating staff are appropriate; (1420/1994) (6) the applicant is considered to have the financial and other prerequisites to engage in operations safely and in accordance with Finland s international contractual obligations; (1420/1994) (7) the authorisations required under the Council Directive on the supervision and control of shipments of radioactive waste and spent fuel (2006/117/Euratom) have been obtained from foreign States, and if said provisions can also be observed in other respects, and if the use of nuclear energy otherwise meets the principles laid down in sections 5 7, and is not in conflict with the obligations under the Euratom Treaty. The use of nuclear energy referred to in subsection 1 above shall not be initiated on the basis of a granted licence until the Radiation and Nuclear Safety Authority (STUK) has ascertained, when so 16

17 required by the operations, that the use of nuclear energy is in accordance with the safety requirements set, that the physical protection and emergency planning are sufficient, that the control necessary to prevent the proliferation of nuclear weapons is appropriate and that indemnification regarding liability in case of nuclear damage in connection with the operations has been arranged in compliance with the relevant provisions. When considering the granting of a licence for operations referred to in paragraph 2 of section 2(1), the provisions in paragraphs 1 and 3 5 of section 21(1) shall be applied so that the prerequisites for a licence therein are met if the plans presented by the applicant are sufficient, in addition to which the site of the mining activity or the enrichment plant shall be appropriate with respect to the safety of the operations intended. In addition to the provisions of subsection 2, the Radiation and Nuclear Safety Authority (STUK) shall ascertain that the operations referred to in paragraph 2 of section 2(1) meet the prerequisites laid down in paragraphs 1 and 3 5 of section 21(1). Section 21 a - Implementation of a common market (1420/1994) Whenever an application referred to in section 21 for the export or import between the Member States of the European Union of materials or equipment listed in Annex IV to the Euratom Treaty, the licence shall be granted if, whenever operations require it, the prerequisites laid down under section 21(1 6) are met, and the use of nuclear energy referred to in the application otherwise fulfils the principles laid down in sections 4, 6 and 7. Section 22 - A nuclear facility in a vehicle When a nuclear facility is built for operation in a vehicle or is used in a vehicle or as its power source, the provisions of section 19(1 10) shall be applied only to the extent required by the operations. When a nuclear facility as referred to above is used only temporarily within Finnish territory, the Ministry of Employment and the Economy shall be the authority granting the licence; and this Act shall also otherwise be applied, as well as to the operations referred to in paragraphs 2 6 of section 2(1) and in paragraph 1 of section 2(2). Section 23 - Handling of licence applications A statement concerning the licence application shall be requested from the Radiation and Nuclear Safety Authority (STUK) and from the Ministry of the Environment, unless, owing to the nature of the operations in hand, this is manifestly unnecessary. If the application pertains to exports as referred to in section 2, or to concluding an agreement referred to in paragraph 1 of section 2(2), or to the temporary operation of a nuclear facility referred to in section 22 within Finnish territory, a statement shall also be requested from the Ministry for Foreign Affairs, unless this is manifestly unnecessary. Before a decision is reached regarding a licence application for operations referred to in paragraph 2 of section 2(1), the procedure laid down in section 13 shall be observed. 17

18 Section 24 Validity of the licence The licence, excluding the construction licence, shall be granted for a fixed term. When the length of the term is considered, particular attention shall be paid to ensuring safety and to the estimated duration of operations. The licence may include a provision that the licence will expire if operations are not started within a certain period from the granting of the licence. Section 25 Licence conditions and amendment thereof The licence shall include the licence conditions necessary for implementing the general principles referred to in chapter 2 of this Act and for implementing the safety requirements in accordance with this Act. The licence conditions may be amended in order to maintain the prerequisites regarding the general principles and the granting of a licence laid down in this Act, especially when necessary to ensure safe use of nuclear energy, to secure nuclear waste management, to implement physical protection measures or emergency planning, to meet Finland s international contractual obligations in the nuclear energy sector, or to prevent proliferation of nuclear weapons. When amending licence conditions, the same procedure shall be followed, as appropriate, as when the licence was granted. Section 25 a - Service and communication regarding a construction licence decision (769/2004) A decision on a construction licence shall be notified as a general service in accordance with separate provisions. The decision shall be delivered to those parties that have separately requested for the decision. Section 26 Licence cancellation The authority that has granted a licence shall cancel it wholly or partly, if implementation of the general principles for the use of nuclear energy as laid down in this Act is essentially endangered, for instance, as a consequence of: (1) the licensee violating the licence conditions or regulations issued by an authority by virtue of this Act; (2) the licensee neglecting the financial provision obligation referred to in chapter 7 of this Act, or violating the Nuclear Liability Act (484/1972) in a manner referred to in section 41 of that Act; or (3) the licensee dying or losing legal capacity or the corporation or foundation holding the licence being dissolved, otherwise discontinuing operations or going into bankruptcy. Cancellation of a licence requires that a reasonable period of time has been allowed for the licensee to correct the deficiency, when possible by means of the licensee s actions. 18

19 When cancelling a licence, the same procedure shall be followed, as appropriate, as when the licence was granted. Section 27 Compensation If a licence to construct or operate a nuclear facility is cancelled or a licence to operate a nuclear facility is denied, the holder of the cancelled licence or the applicant whose licence to operate the nuclear facility has been denied, is entitled to a reasonable amount of compensation from the State of Finland for the direct expenses incurred in the construction of the facility. Compensation shall not be paid, however, if the licence is cancelled because sections 6 or 7 can no longer be observed in operating the facility, or because the licensee has acted contrary to this Act or the regulations under it, or for reasons referred to in paragraphs 2 or 3 of section 26(1). Nor shall compensation be paid if the licence to operate the nuclear facility has been denied because the nuclear facility and its operation do not meet the principles laid down in sections 6 and 7 or the prerequisites set in paragraph 4 of section 20(1). The Ministry of Trade and Industry and whoever is entitled to compensation shall try to reach an agreement on the amount of the compensation. The text of the agreement shall be sent to the Government for ratification. Should an agreement on compensation not be reached, a suit for compensation must be filed as provided [in the Act on the venue of certain administrative issues (446/1954)1], within two years following the decision on which the suit for compensation is based has become legally valid. If compensation is not applied for within the time specified, the right to compensation shall be extinguished. CHAPTER 6 Nuclear Waste Management Section 28 Decision on implementation of waste management obligation The Ministry of Employment and the Economy or the Radiation and Nuclear Safety Authority (STUK), having granted a licence for operations generating nuclear waste, shall, having consulted the Ministry of the Environment on the matter if necessary, determine the principles on the basis of which the waste management obligation referred to in section 9(3) is to be implemented. For this purpose, the licensee under the waste management obligation shall present, for assessment by the body granting the licence, a plan for carrying out nuclear waste management. For the duration of the operations subject to a licence, the plan for carrying out nuclear waste management shall be presented regularly at three year intervals, unless otherwise provided in the licence conditions. The plan shall also include a general plan for the following six years. Unless otherwise provided in the licence conditions, a plan for the decommissioning of the nuclear facility shall be presented regularly, at six year intervals, for the duration of the operations subject to a licence. 19

20 More detailed provisions on the reports to be included in the plans, and the delivery of documents, will be laid down in a Government decree. Section 29 Mandatory waste management co-operation The Ministry of Trade and Industry may order various licensees under the waste management obligation to undertake waste management measures jointly, if by doing so safety can be increased or costs can be substantially reduced or if any other weighty reason so requires. At the same time, provisions shall be laid down, if necessary, on the distribution of the costs incurred due to the measures to be carried out jointly. Section 30 Transfer of waste management obligation When the possession of a nuclear facility, a mine or an enrichment plant intended for the production of uranium or thorium, or nuclear waste is transferred to another party, the Ministry of Trade and Industry may, on request, completely or partially transfer the waste management obligation from the transferor to the transferee, if the transfer of the obligation does not endanger the carrying out of nuclear waste management. Section 31 Transfer of nuclear waste to the State If the Ministry of Trade and Industry considers that a licensee under a waste management obligation has substantially failed to observe the confirmed time-schedules for nuclear waste management of the nuclear waste he has generated or has otherwise violated the authorities regulations for the implementation of nuclear waste management, the Ministry shall bring the matter to the Government to decide whether the licensee s actions mentioned above, judged on the whole, give good reason to conclude that nuclear waste management completely or in part cannot be carried out by the licensee. If the Government finds that nuclear waste management completely or in part cannot be carried out by the licensee, the Government shall order that such nuclear waste be transferred to the State, or to a domestic corporation under the control of the State, for the implementation of the nuclear waste management measures still required. The Government shall order that the nuclear waste generated by the licensee under a waste management obligation be transferred to the State or to a corporation referred to in subsection 1, for the implementation of the nuclear waste management measures still required also in cases where the Government finds that, despite an order made under section 65(2), the licensee under a waste management obligation has not fulfilled the financial provision obligation laid down hereunder. Notwithstanding the provisions above in this subsection, the Government may not order the transfer of the nuclear waste insofar as making such an order would place the State in a disadvantageous financial position with respect to meeting the purpose of financial provision measures. Section 32 Expiry of waste management obligation The Ministry of Employment and the Economy, or the Radiation and Nuclear Safety Authority (STUK), having granted a licence for operations that generate nuclear waste, shall order that the waste management obligation has expired when: 20